Sri Lanka

Sri Lanka’s president effectively banned trade union action against a controversial energy deal with a US firm in an “essential services” order issued on 30 October.
The Ceylon Electricity Board (CEB) agreed in September to sell a 40 per cent stake in its thermal power plant outside Colombo to New Fortress Energy, a move trade unions say hands the US firm a monopoly over liquified natural gas sales to the country. The central bank said the deal would generate US$250 million for Sri Lanka’s cash-strapped state, but Rajapaksa’s coalition partners complained it was made behind closed doors, intensifying divisions within the government.
CEB trade union leader Ranjan Jayalal called for a mass protest rally by power station workers on 3 November if the government failed to remedy the situation.
Gotabaya Rajapaksa’s essential services order prohibited collective action across numerous public service sectors, including energy, banking, and food distribution, and was aimed at curtailing possible work-stoppages backed by his disgruntled junior coalition partners. Those who violated the order risked up to five years in prison.

On 8 July 2021, police arrested 31 people, including the general secretary of the Ceylon Teachers’ Union (CTU), for taking part in a protest against the proposed National Defence University (NDU) bill. The protest was held near Sri Lanka’s parliament.
The protest was jointly organised by the Inter-University Students Federation (IUSF), the Ceylon Teachers’ Union and the Frontline Socialist Party.
The bill, first presented in 2018 under the previous government, has been widely denounced as a move that intends to curb freedom of thought and expression in universities and militarise higher education on the island. It is feared that if brought into force, it would make universities in Sri Lanka fall short of international academic standards.
The arrests were made because the protests violated restrictions on gatherings brought in as a result of the COVID-19 pandemic. When the protestors were taken before the magistrate, the police requested that they be sent into quarantine, but the magistrate said the judiciary wasn’t empowered to do that, and ordered that those detained be released on bail.
Despite this, the police took Joseph Stalin and ten other protestors away to an army quarantine centre, where they were held for several days, until a campaign for their release, supported by global trade unions, led to them being freed.
The Jaffna University Employees’ Union condemned the detention of Stalin in a statement and emphasised that COVID-19-related health restrictions should not be used to suppress the rights of human rights activists.
“We can never accept the government’s attempts to oppress genuine human rights activism and democratic protests that respect health measures, in the guise of pandemic health and safety restrictions,” the statement said.

On 27 May 2021 the government of Sri Lanka issued a decree making it almost impossible for 12,000 village government officers to strike and stripped hundreds of thousands of other public sector workers of their basic rights. The decree was a response to a threatened strike by the government officers who were demanding COVID-19 vaccinations. The decree claimed that the government services and departments under the strike ban were “essential” in the “face of the COVID-19 pandemic.” The union, representing village workers, immediately called off the impending industrial action.
Five days later, on 2 June, the government issued a second decree on the eve of a threatened walkout by workers at many major hospitals. It extended the ban on strikes to health care and other government workers.
The two decrees cover port, railway, bus transport, petroleum, gas, state bank and insurance workers; nurses, doctors and other health care workers; government administration workers and workers at state-owned food distribution companies; and employees of Sri Lanka’s nine provincial councils.
Workers who defy the strike ban can be fired. They also face fines of between 2,000 and 5,000 rupees, “rigorous imprisonment” of two to five years, the seizure of their “movable and immoveable property” and the removal of their professional credentials.
Any individual who seeks to “incite, induce or encourage” someone subject to the strike ban to not attend work, whether through a “physical act or by any speech or writing,” is likewise liable to fines, property seizures and jail terms of up to five years.

At the beginning of July 2019, the government of Sri Lanka introduced a bill for a new unified employment law, known as the Single Labour Law, for the consideration of the tripartite National Labour Advisory Council. The aim was to change and replace the numerous existing labour laws. The bill was drafted without the involvement of trade unions.
When the unions finally got to see the bill, they discovered that the proposed changes largely affected private sector workers, in many ways undermining their rights.
Anton Marcus, leader of the Free Trade Zones and General Services Employees Union (FTZ&GSEU) described the bill as an unprecedented attack on workers’ rights, and warned that “Proposed changes will affect basic working conditions of around eight million private sector workers and will make the eight-hour limit working day a thing of the past.” He noted that the new proposal provided the employer with the right to decide on working conditions, making workers defenceless and vulnerable to the whim of the employers. The scrapping of the Wages Board, for example, placed the right to decide the minimum wage in the hands of the employer.
On 21 August, the trade unions held a massive protest demonstration in Colombo in front of the labour ministry demanding the withdrawal of the bill.

Sri Lanka broadcaster Swarnavahini TV fired 15 employees for union activity on 18 March 2019. On that day, approximately 270 employees of Swarnavahini TV participated in a meeting in the company’s car park with the aim of forming a union to fight for better working conditions. The meeting was scheduled during the staff lunch hour.
At the end of the meeting, the gates to the company’s offices were locked and the employees were blocked from accessing the building. They reported the incident to the police, and when they were finally able to enter the offices, 15 staff members found letters informing them that they had been let go for “deliberately disrupting the business and operations” of the company and for using the company sound system at an unauthorised gathering.
The union was formed to fight for bettering working conditions. Staff reported that in the past 12 months, there had been no salary increases, pay was not on time and there was bias when it came to promotions.
Other media workers’ movements rallied in support and called for the respect of the workers’ right to organise and for the immediate reinstatement of those dismissed.

Members of the Free Trade Zones and General Services Employees’ Union (FTZ&GSEU) reported that ATG Ceylon Pvt Ltd., a British-Sri Lankan industrial gloves manufacturer, refused to discuss worker issues raised by the union and engaged in a series of union-busting tactics, including intimidation, harassment and unlawful dismissals. Workers had been staging protests since 2018 over labour abuses at the company’s two factories based in the Katunayake Free Trade Zone.
On 11 January 2019, the company dismissed five workers and union members involved in an arbitration process with the company that had not yet concluded. The arbitration related to an incident in September 2015, when pamphlets were placed without permission on the company noticeboard announcing a blood donation camp organised by the union with the health minister. After the incident, ATG management issued charge sheets against 30 employees. Subsequently, seven employees, including union officers, were placed under disciplinary proceedings while a warning letter was sent to other employees.  From that time ATG orchestrated a relentless campaign of discrimination against the union.
The workers resumed their protest immediately after the 11 January dismissals, demanding the reinstatement of the dismissed workers and an end to union oppression and also denouncing violence and sexual harassment against a woman worker who was pressured to leave both the protests and the union.
ATG Ceylon management denied the allegations and continued to ignore advice from conciliatory talks, first by the Assistant Labour Commissioner of the Negambo division on 16 January and then by the Commissioner General of Labour during mediation proceedings from 21 to 24 January. 
Furthermore, the management used a court order to stop the union officers and leaders of the FTZ&GSEU from meeting and addressing the protesting workers, thereby restricting the right of union leaders to interact with their members.  The strike continued.

The management of ATG Ceylon, a British-Sri Lankan manufacturer of industrial gloves, terminated five union officers and members with immediate effect on 11 January, even though they were all involved in an arbitration process with the company that was not yet concluded.
The arbitration relates to an incident of September 2015, when pamphlets were placed on the company’s noticeboard announcing a blood donation organised by the union with the health minister to mark the second anniversary of the union. Subsequently, ATG management issued charge sheets against 30 employees. Thus, seven employees, including union officers, were placed under disciplinary proceedings, while a warning letter was issued against other employees.
According to the Free Trade Zones & General Services Employees Union (FTZ & GSEU), ATG management has also acted in a discriminatory way. For example, in February 2017, the company forced the union to hold a vote to represent workers, despite already having a mandate to do so. Moreover, it refused to give gold medals to union members who had worked for more than five years for the company, although they were given to non-union members as part of the company’s silver jubilee celebrations. When one of the workers resigned from the union, he duly received his medal.
Workers at the plant and the FTZ & GSEU started a protest to demand the immediate reinstatement of the five terminated workers and to call upon the ATG management to engage constructively with the union towards resolving the dispute as soon as possible.

The management of Mainettech Lanka (Pvt) Ltd, a subsidiary of the world’s largest producer of fashion hangers, has consistently refused to recognise the Free Trade Zones and General Services Employees Union (FTZ & GSEU) as a collective bargaining party. The company argued that FTZ & GSEU did not exceed the mandatory 40 per cent of workers necessary to be recognised as a collective bargaining agent. Yet, according to FTZ & GSEU, its members account for 60 per cent of the manual workers on permanent contracts at Mainettech Lanka.
In February 2018, Mainettech suspended the union’s branch organiser, vice president and branch secretary for organising union meetings during working hours and disrupting production. However, according to the union, such meetings did not take place. After an internal inquiry, the branch organiser, Mr. G.G. Mahinda, was dismissed in May 2018. The union also reported that some members have been intimidated by the management. Afraid of losing their jobs, some members did renounce their union membership.
Finally, in June 2018, Mainettech threatened the union president with disciplinary action on spurious charges that he strongly contested. Under mounting pressure, he disbanded the union, and the charges were dropped.

During the second week of strike in June 2018, Postmaster General Rohana Abeyratne declared in a communiqué that leave of the Postal Department had been cancelled and warned that striking postal employees who do not report to work the next day would be considered as having vacated the service. He also stressed that the administration is no longer accountable for the security of temporary staff, casual, substitutes, acting and permanent workers who do not return to work by the following day .

On 1 February 2017 Sri Lankan riot police attacked a protest march of about 1,000 Colombo port workers opposed to the government’s plan to privatise the East Terminal of Colombo harbour.
The police erected barricades to prevent protestors marching towards the Presidential Secretariat. The opposition Janatha Vimukthi Peramuna (JVP) party and its trade unions, which organised the march, had planned to hand over a petition requesting President Maithripala Sirisena to intervene and halt the privatisation of the port terminal.

After police blocked the march, the Presidential Secretariat promised to send someone to collect the petition. When, after 40 minutes, there was no sign of an official arriving, some workers tried to break through the barricades. Immediately police used water cannon and tear gas against the protesters. A number received minor injuries and hundreds fled the scene.

Many of the workers were employed on a contract basis by labour hire agencies, doing the same work as permanent employees but for lower pay, fewer benefits and no job security. They feared their situation would become even worse under privatisation.

On 29 January 2017 Mr Sujeewa Mangala, vice president of the All-Ceylon Telecommunication Employees Union (ACTU), was forcefully abducted by armed men, held captive, threatened, and told to abandon an ongoing strike organised by temporary workers at Sri Lanka Telecom (SLT), in which Mangala has played a leading role.

Mangala was released, blindfolded, and dumped by the roadside, three days later on 1 February, in Ingiriya, 60 kilometres from Colombo. The ACTU complained that the police had been sluggish and far from thorough in their search for Mr Mangala and that when his son went to inquire at the police station, instead of offering help the police asked the young boy whether his father was “in hiding to get publicity for the struggle”.

Some 2,100 of approximately 8,000 workers at SLT are classified as “temporary”, even though many have worked at SLT for more than a decade. The “temporary” workers are employed through SLT Human Capital Solutions, a manpower company that is itself a wholly owned subsidiary of SLT; these workers receive lower pay and conditions than permanent workers. The company had ignored recommendations made by the Minister of Labour in July 2016 that the temporary workers should be made permanent. The strike that Mr Managala was threatened over had begun on 26 December 2016, and was aimed at demanding permanent status.

Police arrested 37 protesting contract workers from the Ceylon Electricity Board (CEB) on 24 January 2017 in Colombo claiming they had violated a court order banning demonstrations outside the building. The workers were released on Wednesday, after paying 100,000 rupees (USD 665) bail each.

Nearly 200 workers began protests 1 January to demand reinstatement. Employed as meter readers, they were terminated when they demanded permanent jobs after 180 days’ service. The CEB claimed that they had not completed the required 180-days’ service and were not eligible to be made permanent.

Sri Lankan transport company Global Transportation and Logistics (Pvt) Ltd (Global Park) suddenly announced the dismissal of 66 workers on 13 January 2017.
They were all members of the Free Trade Zones and General Services Employees Union (FTZGSEU), which tried to speak to management about the dismissals, but in vain.
Shortly before the sudden dismissals, the FTZ union had complained in writing to the Prime Minister about the high handed management style and threats to workers at Global Park, targeting union activists. The dismissals looked suspiciously like retaliation.
Global Park is owned by Finance Minister Ravi Karunanayake who remained the principal decision maker and was known to be anti-union.
Unions were increasingly concerned at the attitude of business owners in Free Trade Zones, especially in the Katunayake FTZ, where the manufacturers’ association is accused of collectively engaging in union busting, and making frequent use of daily paid contract labour through manpower agencies.
Trade unions in the National Labour Advisory Council (NLAC) had jointly requested the Minister of Labour to remove the Katunayake Manufacturers’ Association from the NLAC membership for its anti-union, anti-labour activities.

On 23 November 2016, management at Tri Star Apparel Exports (Pvt) Ltd suspended both the branch union president and chief organiser of the Commerce and Industrial Workers Union (CIWU) for organising a strike.

The almost 200 workers at the factory, of whom 140 were members of the union, had been facing problems since October, including delayed salaries, unpaid gratuities to retired workers, the company’s failure to contribute to the social security fund as required by law, and others. The factory, which no longer executed export orders and produces mostly for local market, remained under the jurisdiction of the Board of Investment, a Sri Lankan authority responsible for export processing zones (EPZs).

The strike was called after the October 2016 wages had still not been paid by 18 November, while office staff remained unpaid for three months. Management then paid 30 per cent of wages but no more.

On 25 November 2016, management sent all the workers on leave till 5 December without paying the rest of the salaries owed. On 5 December, the factory remained closed, and the workers were asked to come back ten days later and collect their salaries. But on 15 December the factory was still locked. The factory’s general manager informed workers that the salaries could not be paid on that day and the factory would not be opened.

The Government of Sri Lanka organised a brutal military operation on 10 December 2016, deploying hundreds of navy soldiers to disperse striking workers at Hambantota’s Magampura Port, who had occupied the port. The strikers were attacked by soldiers with poles and rifles, and kicked. Four workers were hospitalised as a result.

Nearly 500 workers had gone on strike on 7 December 2016, opposing the government’s plans to privatise the port and demanding to be made permanent employees of the government’s Ports Authority. The government had just signed an agreement to sell 80 per cent of the port company’s shares to China’s state-owned Merchants Port Holdings Company.

Sri Lankan Port Minister Arjuna Ranatunga warned that strikers would lose their jobs if they did not stop their protest and return to work immediately. He told them that if they were not at work the next day, “We have thousands of applicants waiting to take up duties.”

The aim of the government’s violent measures was to break the strike. It deployed military, police and security forces, recruited strike breakers and threatened legal action against the strikers.

On 12 December, the police forcibly removed barricades that workers had manned to prevent vehicles entering the port. The following day, the port management brought workers from another labour hire firm to load a ship with vehicles. However, these workers refused to work, walking off in support of the strikers. Navy soldiers were later seen handling the port work.

The striking workers were recruited under the Rajapakse government as trainees. After a training period, however, they were not made permanent. Instead, they were recruited to a newly set-up Magampura Port Management Company in 2013. They feared that with privatisation they were even less likely to be made permanent.

The president of National Trade Union Centre (NTUC) K.D. Lal Kantha joined a demonstration on 23 March 2016 organised by the All Ceylon Estate Workers’ Union to demand that the authorities sign their collective agreement. It that had been delayed for more than a year and when implemented would increase their daily wage to Rs.1000 (USD 6.86), from 620.

The union was frustrated that the government showed no sign of making good on its promise to pressurise the employers to expedite signing of the collective agreement.

The government and employers later agreed on a daily rate of 730 rupees, pegged to higher daily yields, leading to further protests by workers on several plantations in October.

An independent trade union alliance, consisting of six trade unions, organised a protest on 22 June 2016 in front of the main gate of the Katunayake Free Trade Zone (FTZ), the biggest FTZ in Sri Lanka, to protest at anti-union discrimination and labour rights abuses. The collective of independent unions included the FTZ and General Services Employees Union (FTZ&GSEU), Ceylon Mercantile and General Workers Union (CMU) and United Federation of Labour Ceylon Bank Employees Union, Union of Postal and Telecommunication Employees and Women’s Solidarity Union.

Employers in FTZs had increased pressure on unions and their members, including refusal to recognise unions, a public campaign to malign unions, discriminatory shop floor practices, intimidation, threats of physical attack, suspensions and dismissals. Many FTZ employers had yet to provide the pay hike of Rs 2000 (USD 13), which was announced by the government earlier in year.

On 14 December a Sri Lankan court issued an interim injunction against the Lanka Bank Employees Union from engaging in strike actions until December 28.
The Colombo District Judge Rashmi Singappuli then extended the order until the 20 January when a petition filed by three banks - Bank of Ceylon, the National Savings Bank and the People’s Bank - was due to be taken up for consideration.
The trade union collective had planned to launch an island-wide strike on 15 December.

In August 2015 a case was filed at the Supreme Court of Sri Lanka, seeking reinstatement and compensation for workers sacked by Australian latex manufacturer Ansell. The company dismissed the 289 workers, mostly women, in December 2013, in a dispute over pay. Initially 11 workers were dismissed for trying to organise industrial action over low pay - which the profitable company wanted to reduce even further - long hours and appalling working conditions, after attempts at negotiation had failed. This prompted the remaining workers to go on strike. Those who did not respond to a return-to-work order were promptly dismissed, and many had not found work since.

Samantha Koralearachchi, president of All Ceylon Health Services Union, was arrested at Chilaw hospital on 30 July. He was charged with illegal entrance and conducting a political meeting. The union filed a complaint with the human rights commission claiming wrongful arrest, and stating that Mr Koralearachchi had entered the hospital with the permission of the hospital director and political leaflets were not distributed. Two months earlier Mr Koralearachchi and the health services union had led a strike, including a protest march by 40,000 workers, to demand the payment of salary arrears.

The president of Inter Company Employees’ Union, Wasantha Samarasinghe, reported at a press conference on 14 June that Lanka Hospitals, a semi-government organisation, had dismissed employees and did not recognise the trade union of more than 1300 employees. He believed the dismissals were aimed at destroying the union, which was demanding a pay rise for private sector workers.

Ansell Lanka Pvt. Located in the Biyagama Export Promotion Zone (BEPZ) refuses to recognise the Free Trade Zones and General Services Employees Union as a bargaining agent. Trade unionists face anti-union discrimination by management since early 2013. On 22 March 2013, management deducted half a day’s wage of workers who had complained about the fact that they were not provided with meals. On 10 April 2013, the union branch president Athula Kamal was attacked by two unknown motorcycle riders in Kiribathgoda. Six months later, on 10 October 2013, management suspended Athula Kamal for having complained to police about the assault. Workers protested against this decision by going on strike 14 October 2013, the Assistant Commissioner of Labour of Colombo Central mediated a meeting between the two parties and asked management to reinstate Athula Kamal. However, management decided to dismiss him and ten union leaders and two union members who had gone on strike. When management refused to attend mediation meetings, the Labour Ministry called for compulsory arbitration on 29 November 2013. Workers were obliged to return to work, however Ansell Lanka refused to allow them to report back to work. Instead workers were asked to apply for employment.

On 2 May 2013, Ansell Lanka dismissed 2 committee members of the branch union and another active union member without giving them the opportunity to respond to the disciplinary charges which had been laid against them. A female committee member was also suspended from work on 9 April 2013. On 29 May 2013, workers were coerced to sign a letter of consent accepting an increased production target without being able to consult with the union. After protests and a written complaint to the Minister of Labour, management finally permitted inspectors to the company on 16 July 2013.

Unfair labour practices such as anti-union discrimination are tried before the Magistrate’s Court; however, only the Ministry of Labour can make a complaint to the Magistrate’s Court. The only option available to unions to expedite the process is to obtain a writ from a higher court, a time-consuming and expensive legal exercise. The Ministry of Labour has brought few cases before the Magistrate’s Court since the law was introduced. The ILO has reiterated that trade unions should have direct access to the courts.

It has been reported that the Government is using various tactics to prevent workers from staging a strike demanding the withdrawal of the increased electricity tariff. For example, several state departments and statutory bodies have received letters from ministry secretaries asking them to cancel employee leave and to ensure that they are present at work on the day the strike is planned. The government has also sent circulars to various schools directing the school principals to ask teachers to sign the attendance register three times over the course of the day to ensure they do not participate in the strike.

In November 2012, the Ceylon Teachers’ Union (CTU) stated that the Ministry of Education was refusing to negotiate with workers over wages and budget allocations for the education sector.

When the Joint Trade Union Organisation at the Ceylon Electricity Board went on strike because of a dispute over a pay rise for executive grade employees, 10 workers who had participated in the strike were dismissed. In August 2012, management issued a notice saying that all workers who go on strike would be dismissed.

In January 2012, Ranjan Jayalal, a trade union leader affiliated to Sri Lanka’s power sector, reportedly received death threats. He received calls on his mobile phone from an anonymous caller threatening to kill him and his family if the trade union action in the Ceylon Electricity Board was not stopped.

Employees’ Councils are promoted by the Board of Investment (BIO) as a substitute for trade unions in the export processing zones (EPZs). Employees’ councils are, however, structures funded by and functioning under the aegis of the employer and can influence workers’ choices much more easily than a union (where the workers elect their leaders and can act independently as the organisation is financed by the dues paid by its members). In some cases, management refuses to recognise an emerging trade union and will “negotiate” directly with the Employees’ Council as if it were the workers’ legitimate representative body. In other cases, it will offer employee council members certain advantages if they do not join a union and threaten them if they do.

A study by the ITGLWF (International Textile, Garment And Leather Workers Federation) in the export processing zones found that at least six factories in the zones banned all union representation and did not even respect the BOI guidelines on creating employees councils.

There are many cases of anti-union discrimination. As with other unfair labour practices, such cases are heard by the Magistrates’ Court, but only the Commissioner General of Labour can file a complaint with it. Trade unions can try to obtain a summons from a higher court, but this is a long and costly procedure. In the absence of a maximum deadline for bringing cases before the Magistrates’ Court as of the moment a union reports a violation, the legislation on unfair labour practices serves little real purpose. The Commissioner General of Labour has only filed two cases since 1999.

Labour inspection is clearly inadequate in the Export Processing Zones (EPZs), as government inspectors are not allowed to carry out unannounced visits to EPZ factories. In addition, when complaints are received by the competent government body, employers rarely turn up to the hearings, and, when they do so, they often flout the rulings with impunity. The government has proved incapable of enforcing these rulings. This was the case for the decisions by the General Labour Commissioner regarding New Design Manufacturing Ltd. and Ceyenergy Electronics (Pvt) Ltd.

The recognition of unions for collective bargaining purposes is hindered by excessive delays. Employers try to delay the holding of union elections for as long as possible and use this time to identify, victimise and, very often, fire the union activists concerned. As a result, workers generally refrain from voting, for fear of being identified, and the union fails to secure the number of votes required for it to be recognised. Employers go as far as to change their staffing figures to ensure the 40% representation target (deemed excessive by the ILO) is even harder to reach.

Where an employer refuses to recognise a union for collective bargaining purposes, the union can complain to the Commissioner General of Labour, who organises a referendum at the workplace. There is generally a very long wait, however, before such a referendum is actually held.

The maximum fine for employers found guilty of anti-union discrimination is 20,000 rupees (around USD 174), which is far too little to be dissuasive.

Export processing zones (EPZs) are managed by the Board of Investment (BOI), which sets wages and working conditions. In many cases, union members or officials are suspended, demoted or dismissed. In addition, new workers, often women, are warned not to join unions. Union activists not employed by one of the firms operating in an EPZ are not allowed to access the zone unless their entry is expressly authorised by the employer. This ban is one of the main barriers to organising in the EPZs.

The Government Nursing Officers Association (GNOA) called a three-hour stoppage on 25 October following the Labour Ministry’s failure to respond to their demands. The GNOA took every step necessary to ensure that the emergency services would continue to operate during the stoppage. Nonetheless, on 26 October, the director general of health services ordered all the hospital directors to draw up a list of the nurses that had taken part in the union action and force them to set out the reasons behind their acts, deeming they had committed an offence and that disciplinary action could be taken against them. On 22 November, the GNOA filed a complaint with the ILO denouncing the intimidation of workers exercising the right to strike.

The Trade Union Confederation, which brings together nine trade unions representing workers in the public and private sectors, denounced that it was discriminated against in the nomination of delegates to the International Labour Conference in June 2010. It underlined that the Labour Ministry lacks impartiality in its selection of delegates and gives more weight to political considerations than to the “most representative union” criterion.

Although the law prohibits federations of public sector trade unions, there are a few such federations operating openly such as the Public Service National Trade Union Federation (PSNTUF) and the Ceylon Trade Union Federation (CTUF). These federations do not engage in collective bargaining, however, as they are not legally recognised as trade unions.

Many cases of anti-union discrimination and non-recognition of trade unions have been reported. Such offences are tried before a Magistrate’s Court. Workers and trade unions can also complain to the Human Rights Commission. There is no time limit on bringing cases to court; hence, the employers can delay indefinitely until the union has been weakened or even disbanded.
To comply with the ILO’s fundamental standards, the Government of Sri Lanka must take measures, in consultation with the social partners, to guarantee the quickest and most appropriate procedures in cases of anti-union discrimination, in particularly the setting of short deadlines for the examination of cases by the authorities.

In mid-November the government declared that four new services would be considered as essential: water and electricity distribution, port activities and the oil sector. The decision came after wild cat strikes linked to pay demands.

Labour inspection is clearly inadequate in the Export Processing Zones (EPZs). Government labour inspectors are not allowed to carry out unannounced visits to factories in the EPZs. When complaints are received by the competent government body, employers rarely turn up to the hearings, and, when they do so, they frequently flout the rulings with total impunity. The government has proved incapable of forcing employers to respect the decisions of the authorities. This was the case for the decisions by the General Labour Commissioner regarding New Design Manufacturing Ltd. and Ceyenergy Electronics (PVT) Ltd. In other cases, the authorities completely ignore requests for mediation by the trade unions, such as at Smart Shirts Lanka Ltd.

According to the Sri Lankan trade unions, many employers have used the economic crisis to take a harder line in collective bargaining. Moreover, workers faced with an employer’s refusal to enter into social dialogue get little support from the authorities. On the contrary, in sectors such as clothing and construction, the authorities favour flexible employment relationships.

According to the Free Trade Zones & General Services Employees Union (FTZ&GSEU) some employers are using the economic crisis as a pretext to close unionised factories. The FTZ&GSEU cites the case of Sinotex Lanka, a clothing factory run by the Hong Kong group Cristal Martin, which closed its two factories in January after 27 years in Sri Lanka without respecting the legislation concerning the compensation to be paid to its 2,500 workers (mainly women).

The recognition of unions for collective bargaining purposes is dogged by excessive delays. Employers tend to delay the holding of polls for the creation of trade unions for a long time and use this time to identify, victimise and, frequently, fire the union activists concerned. In the worst cases, activists have been physically assaulted and threatened with death. As a result, workers are afraid of being identified with the union, and the union loses the poll. To prevent such situations, the unions would like to hold their elections within four weeks of sending the application for recognition of the union.

Employers change their staffing figures to ensure the 40% representation target (excessive by ILO standards) is even harder to meet. Where an employer refuses to recognise a union for collective bargaining purposes, the union can complain to the Commissioner General of Labour, who holds a referendum at the workplace (but it can be a long time before the referendum takes place). If it is then found that the 40% requirement has been met, the Commissioner directs the employer to recognise the union.